Perez v. Stephens’s Empirical Analysis

Citation profile

3 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under law-of-the-case doctrine, “the district court on remand, or the appellate court on a subsequent appeal, abstains from reexamining an issue of fact or law that has already been decided on appeal.” United States v. Teel, 691 F.3d 578 , 582 (5th Cir. 2012). A corollary of the law-of-the-case doctrine is the mandate rule, which “requires a district court on remand to effect [the court’s] mandate and to do nothing else.” Gen. Universal Sys., Inc. v. HAL, Inc., 500 F.3d 444 , 453 (5th Cir. 2007) (citation and internal quotation marks omitted). “A district court on remand ‘must implement both the letter and the spirit of the appellate court’s mandate and may not disregard the explicit directives of that court.’ ” United States v. McCrimmon, 443 F.3d 454 , 459 (5th Cir. 2006) (quoting United States v. Matthews, 312 F.3d 652 , 657 (5th Cir. 2002)). “Whether the law of the case doctrine foreclose^] the district court’s exercise of discretion on remand and the interpretation of the scope of this court’s remand order present questions of law that this court reviews de novo.” United States v. Hamilton, 440 F.3d 693 , 697 (5th Cir. 2006) (citation and internal quotation marks omitted). Perez v. Stephens, 784 F.3d 276 , 280 (5th Cir. 2015).”

   1 later decision quote this exact passage · from the majority
   e.g. Whitaker v. Collier

2. “[a] judicial comment ... that is unnecessary to the decision in the case and therefore not precedential.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Pool